HomeMy WebLinkAboutOrdinance 5184 ORDINANCE NO, 5184
AN ORDINANCE AMENDING CHAPTER 158: BONDS AND
GUARANTEES, OF THE UNIFIED DEVELOPMENT CODE, TO ACCEPT
A GUARANTEE TO SATISFY THE MAINTENANCE REQUIREMENTS
FOR PUBLIC IMPROVEMENTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That §158.03 of the Unified Development Code is hereby repealed, and
the language found in Exhibit "A," attached hereto and made a part hereof, is inserted
in its stead.
E RK%TR "'' ,
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° \SY •O
PASSED and APPROVED this 7f day of October, 2008. ^U G F •• p�
FAYETTEVILLE ;
APPROVED: ATTEST: ;
BY BY �Xlt�n 2�� GTON
DAN COODY, Mayor SO E. SMITH, City C erk/Treasurer
EXHIBIT "A"
158.03 Maintenance
(A) Installed improvements. An acceptable
guarantee shall be provided in the amount of
25% of the total contract price of the public
improvements including water, sewer,
streets, and the stormwater management
drainage system against defects in
workmanship and materials for a period of
two years from the date of acceptance of
such improvements. The guarantee shall be
filed with the City Engineer prior to the
acceptance of the improvements by the City.
A walk-through shall be performed at the end
of the two-year period and all deficiencies
corrected prior to the release of the bond.
(B) Erosion and sediment control. For
developments in excess of five (5) acres, an
acceptable guarantee shall be provided at
the time of the issuance of the drainage
permit in the amount of 100% of the total
cost to install the approved erosion &
sediment control plan to insure the
continuation of the proper maintenance of
the plan. The guarantee shall remain in
place until permanent stabilization has been
achieved for the development site.
RECEIVED
OCT 16 2008
Arkansas Democrat IF 0axette
-- _ IM-111 OF LERFAYETTEVILLE
• • • • G (TCK'S OFFICE
Northwest Arkansas Times
Benton County Daily Record
P . O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571 -6421
AFFIDAVIT OF PUBLICATION
I , Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas , ( Lowell) and that from my own personal knowledge and
reference to the files of said publication , the advertisement of: City of
Fayetteville Ordinance 5184
October 14, 2008
Publication Charge : $63.30
Signed: _
Subscribed andworn to before me
This/q day of ()Ctd - At ) 2008.
Notary Public
My Commission Expires : cze /a e�S Mmee".. �
ARY' _ N
Do not pay from Affidavit, an invoice will be sent � . •
•Y '•. PUBS-��y:,
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ORDINANCE NO. 5184 • 1�
I AN DS ORDINANCE GUARANTEES,ANDING OF T E UNI. Tay!eref• i le
BONDS AND METCO OF THE T AFlED DEVELOPMENT CODE, TO ACCEPT 4GUARANTEE TO SATISFY THE MAINTE•I NANCE REQUIREMENTS FOR PUBLIC IABRA NSAS
IMPROVEMENTS. -
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS: 1,
Section 1. That §158.03 of the Unifietl Development Coda is hereby repealeQ and the language
found In Exhibit -A,' attached hereto and made a part hereof, is inserted in its stead.
PASSED and APPROVED this 7th day of October, 2008. Ito
APPROVED: By: DAN GOODY, Mayor ATTEST. By: SONDRA E. SMITH, City Clerk/Treasurer
Exhibit W t
158.03 Maintenance f
Installed Improvements. An acceptable guarantee shall be provided in the amount of 25% of
the total contract price of the public Improvements Including water, sewer, streets, and the stormwa-
ter management drainage system against defects In workmanship anis materials for a period of two
years from the dale of acceptance of such Improvements. The guarantee shall be filed with the City
Engineer prior to the acceptance of the improvements by the City. A walk-through shall be per-
formed at the end of the two-year periost and all deficiencies corrected prior to the release of the
bond.
Erosion and sed7maM east For developments in excess of five (5) acres, an acceptable
guarantee shall be provided at the time of the issuance of the drainage'permit In the amount of 100%
of the total cost to Install the approved erosion 8 sediment central plan,to insure the continuation of
the proper maintenance of the plan. The guarantee shall remain in place until permanent stebillia-
t tion hes been achieved for the development site, 11
RECEIVED
OCT 16 2008
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
6Ra
City of. Fayetteville / 0 /7 / OK
Staff Review Form 51 req
City Council Agenda Items n
or
Contracts &ha or - 1
10/7/20085
City Council Meeting Date
Ron Petrie Engineering Operations
Submitted By Division Department
Action Required:
An ordinance amending Chapter 158: Bonds and Guarantees of the City Unified Development Code (Title XV ) in
order to in order to accept a guarantee to satisfy the maintenance requirements for public improvements.
N/A N/A N/A
Cost of this request Category / Project Budget Program Category / Project Name
N/A N/A N/A
Account Number Funds Used to Date Program / Project Category Name
N/A N/A N/A
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution #
De�pairtment birector Date Original Contract Date:
I Original Contract Number:
w C( t2-,;5r dg
City Attorney Date
nn {� Received in City Clerk's Of(ENTME)D
23 - )? Q /�'
Finance and Internal Service Director Date
Received in Mayor's Office
3 �
Mayor Date
Comments:
City Council Meeting of October 7, 2008
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer
Date: September 17, 2008
Subject: An ordinance amending Chapter 158: Bonds and Guarantees of the City
Unified Development Code (Title XV ) in order to accept a guarantee to
satisfy the maintenance requirements for public improvements.
RECOMMENDATION :
The staff recommends approval of this ordinance to amend Chapter 158 of the City
Unified Development Code in order to in order to accept a guarantee to satisfy the
maintenance requirements for public improvements.
BACKGROUND :
The City code currently requires all developers that install public improvements (water,
sewer, streets, and drainage) to provide a maintenance bond for a period of two (2) years
in the amount 25% of the cost of the installation upon acceptance by the City.
DISCUSSION :
Currently the UDC allows for a developer of a subdivision to guarantee installation of
final pavement, sidewalks and tree replacements if all other required improvements are
substantially completed. These guarantees are accepted as a cash deposit, a bond or an
irrevocable letter of credit. In addition, for a Large Scale Development, a developer is
allowed to guarantee all required improvements in order to have the building permits
issued for the development. Again, these guarantees are accepted as a cash deposit, a
bond or an irrevocable letter of credit.
After all improvements are complete and approved, the UDC currently requires a
maintenance bond to be provided for all public improvements. This bond is for a period
of two (2) years in the amount 25% of the cost of the installation. In order to be more
consistent city staff recommends that the code be changed to allow additional methods
for guaranteeing the public improvements during the warranty period. It is recommended
that the language of Section 158 .03(A) be changed to replace the words maintenance
bond with guarantee. By making this change, it will allow the City to accept a cash
1
City Council Meeting of October 7, 2008
deposit; a bond or an irrevocable letter of credit as a guarantee for the two year warranty
period.
BUDGET IMPACT:
This City Council item will have no impact on the budget.
2
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 158: BONDS AND
GUARANTEES, OF THE UNIFIED DEVELOPMENT CODE, TO ACCEPT
A GUARANTEE TO SATISFY THE MAINTENANCE REQUIREMENTS
FOR PUBLIC IMPROVEMENTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That §158.03 of the Unified Development Code is hereby repealed, and
the language found in Exhibit "A," attached hereto and made a part hereof, is inserted
in its stead.
PASSED and APPROVED this Th day of October, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "All
158.03 Maintenance
(A) Installed improvements. An acceptable
guarantee shall be provided in the amount of
25% of the total contract price of the public
improvements including water, sewer,
streets, and the stormwater management
drainage system against defects in
workmanship and materials for a period of
two years from the date of acceptance of
such improvements. The guarantee shall be
fled with the City Engineer prior to the
acceptance of the improvements by the City.
A walk-through shall be performed at the end
of the two-year period and all deficiencies
corrected prior to the release of the bond.
(B) Erosion and sediment control. For
developments in excess of five (5) acres, an
acceptable guarantee shall be provided at
the time of the issuance of the drainage
permit in the amount of 100% of the total
cost to install the approved erosion &
sediment control plan to insure the
continuation of the proper maintenance of
the plan. The guarantee shall remain in
place until permanent stabilization has been
achieved for the development site.
10. 14.08 Clarice Pearman - Ord. 5184 Page 1
From: Clarice Pearman
To: Petrie, Ron
Date: 10. 14.08 4:53 PM
Subject: Ord. 5184
Attachments: 5184 Amend Chapter 158 Bonds & Guarantees.pdf
CC: Audit
Ron:
Attached is a copy of the above ordinance passed by City Council amending Chapter 158: Bonds & Guarantees. Please let
me know if there is anything else needed for this item. Have a good day.
Thanks.
Clarice